Case Information
*0 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 12/7/2015 5:07:30 PM DEBRA SPISAK Clerk *1 E-FILED
TARRANT COUNTY, TEXAS 10/26/2015 4:21:10 PM MARY LOUISE GARCIA
COUNTY CLERK BY: T.W. B.
Cause No. 2015-004508-1
Jimmy Ray Matthews, Jr. and In the
Nicholas Matthews,
plainti ff s
v. County Court at Law No. 1
Marta Carrejo Martinez and all
occupants, Tarrant County, Texas
defendants
Motion for New Trial
To the Honorable Judge:
Defendants file this motion for new trial and show as follows.
Attorney’s Fees
The trial court erred by awarding attorney’s fees for the following reasons.
First, the Court erred by awarding attorney fees because no rule, statute,
or case permits the award of attorney fees in this type of case.
Second, the Court erred by awarding attorney fees because plainti ff has
no pleadings to support an award of attorney fees.
Third, the Court erred by awarding attorney fees because there is no ev-
idence or, in the alternative, insu ffi cient evidence to support the Court’s
award of attorney fees.
In sum, this court did not and does not have jurisdiction over this mat-
ter. Therefore, this court should grant this motion for new trial and dismiss
this action.
Motion for New Trial
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Respectfully submitted,
/s/ Leigh W. Davis___________
(Mr.) Leigh W. Davis
1901 Central Dr.
Suite 708 LB 57
Bedford, TX 76021
817.868.9500
817.887.2401 (fax)
State Bar No. 24029505
leighwdavis@gmail.com
Certificate of Service
I certify that on October 26, 2015, a copy of this document was served on
all counsel of record in this case by electronic mail service through the elec-
tronic case filing system.
/s/ Leigh W. Davis____________
(Mr.) Leigh W. Davis
Motion for New Trial
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